Other conditions decisions — 2021

The Board denied the Veteran's claim for service connection for a bilateral hand condition and joint pain, finding that there was no evidence of an in-service injury or illness causing these conditions. The Board also found that the Veteran did not have a qualifying chronic disability under the provisions of 38 C.F.R. § 3.317.

The Board dismissed the Veteran's claim for a total disability rating based on individual unemployability prior to July 19, 2017 as there was no remaining case or controversy for appellate consideration.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's service-connected left foot disability and its arthritis. The case will be returned for further development.

The Board has remanded the case due to an inadequate VA opinion regarding the etiology of the Veteran's gastrointestinal disorder other than his service-connected GERD and IBS, specifically related to in-service treatment for inguinal hernia.

The Veteran's discharge from active duty service was a general discharge under honorable conditions, which does not meet the eligibility requirements for VA educational assistance benefits under Chapter 33 of the Post-9/11 GI Bill.

The Board has denied the Veteran's claim for service connection for a joint disorder, finding that there is insufficient evidence to support his claim of having dengue fever during service and no evidence linking his current joint disorder to military service.

The Board has remanded the case due to inadequate opinions regarding the Veteran's bilateral eye disability, specifically his service connection claim. The examiner is asked to provide an opinion on whether each diagnosed eye disorder is related to the Veteran's service, including his May 1975 eye injury and subsequent treatment for continued symptoms.

The Board found that the attorney fee of $6,674.80 was not reasonable and reduced it to $623.44 based on a review of the factors outlined in VA regulations.

The Board denied the claim for an earlier effective date for the award of survivor's pension with aid and attendance allowance, finding that the appellant did not submit a valid claim form prior to January 27, 2016.

The Board has determined that the overpayment was validly created and granted a waiver of recovery for the Veteran's Chapter 33 educational benefits overpayment.

The Board has remanded the case for further development and an opinion regarding whether the Veteran's neck disorder was caused or aggravated by VA medical treatment in June 2007.

The Board has granted service connection for left and right foot conditions, finding that the evidence is at least in equipoise on whether these conditions are related to the Veteran's active duty service.

The Board denied the Veteran's claims for service connection for a respiratory disability and for a rating greater than 10 percent prior to October 7, 2020 and greater than 30 percent thereafter for supraventricular tachycardia. The Board found that there was no evidence of a current respiratory disability or a disability related to service connection. For the heart condition, the Board determined that the Veteran did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has decided that an examination is needed to determine if the Veteran requires aid and attendance due to her service-connected back disability. The claim will be remanded for this purpose.

The Board has determined that there has not been substantial compliance with the previous remand directives regarding the issue of entitlement to service connection for right eye disorder, and thus the case must be remanded again. The Veteran's right eye disorders are being evaluated as secondary to his service-connected left eye disorder.

The Board has remanded the cases of service connection for left and right hip disorders due to insufficient evidence in the record regarding their etiology. The Veteran claims his current hip disorders are related to his military service, including a fall from a ladder during active duty.

The Board has determined that the Veteran's active duty service records need to be further developed to clarify his service periods, including under what section of Title 10 he performed his duties. The appeal is remanded for this purpose.

The Veteran's claim for service connection for a vein circulatory disorder of the left leg is being remanded due to insufficient evidence regarding its onset during service.

The Board has granted an initial 10 percent rating for right hamstring strain, effective from the date of service connection.

The Board denied a higher rating for bilateral cataracts, finding that the preponderance of evidence showed no significant visual impairment or functional impact from the condition.